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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99450
Experience:  Attorney
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I have a renter who owes me for one month's rent dating back

Customer Question

I have a renter who owes me for one month's rent dating back to May, 2015. A late fee is charged if the rental payment is not received by the 5th of the month. That fee is five (5%) of the rental payment, which is included in the rental agreement. Can I charge a late fee for the payment that has not been received since May, 2015? If so, how much and how is that charge determined?
Submitted: 14 days ago.
Category: Landlord-Tenant
Expert:  Ely replied 14 days ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is yes. If the contract allows for a late fee and provides a formula for it, then that rent fee may be enforced. So if the contract does allow for the late fee, it may be tagged on to the later rent. The charge is determined going off the formula the contract provides - herein - 5% as you said so yourself.

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